37. NUMBER OF OCCUPANTS: Apartments shall not be occupied by more than four (4) persons. This restriction applies to both two (2) and three (3) bedroom Apartments. The only exception to this restriction shall be where an Apartment is occupied only by a husband and wife and their children (the term “their children” meaning that the husband and wife are the natural or adoptive parents of the children occupying the Apartment), and combined number of the two (2) parents and their children exceed four (4) persons.
38. INSPECTION AND COPYING OF RECORDS:
a. Definitions
i. Copy shall mean a copy of a record reproducible in its entirely on one side of either a single 81/2 x11 or a single 81/2 x 14 sheet. The Association shall not be required to reproduce and make copies available of documents with a sheet size greater than 81/2 x 14.
ii. Record shall mean a document or group of documents relating to a particular matter. By way of example, the following constitute one (1) record each; monthly phone bill as sent by the utility, monthly bank statement with enclosure as sent by the bank, the general ledger of a particular fund for one month, a paid invoice from one vendor as sent by that vendor, and the minutes of a meeting held at one particular time and date. The Association Secretary or other Board member shall, in his or her sole discretion, determine what constitutes a single record. Under no circumstances does a record include any document not already in existence, nor records whose retention period has expired as provided for by law or rule whether or not said records are still in existence. Records not maintained in written form may be requested, however, the cost of conversion of the record into written form will be borne by the requesting Unit Owner.
iii. Working Day shall be deemed to mean a Monday, Tuesday, Wednesday, Thursday or Friday that is not legal holiday as defined above, between the hours of 9:00 a.m. and 4:00 p.m. local time.
b. Inspection and Copying
i. A Unit Owner desiring to inspect the records of this organization shall submit, on a working day, a written request to the Association Secretary. The request shall describe each record desired in sufficient specificity to identify it, must specify pertinent dates or time periods, and shall state the purpose of the inspection. The request must be legible and must describe records by type such as listed in section 718.111 (12), Florida Statutes and not be subject matter such as “all insurance information”.
ii. Each written request to inspect the records shall contain no more than 10 records or constitute in the whole more than 200 pages of material. Requests exceeding these limits will be denied in their entirety.
iii. Unit Owners or their authorized representatives are requested to keep their document review requests to a reasonable number and frequency, and only during the posted office hours of the Association office. Records made available electronically by the Association may be viewed and downloaded as often as desired by Unit Owners or their authorized representative.
iv. Upon receipt of the written request and within the time period permitted by lay, the Association shall respond to the unit owner in writing designating the date, time and place that the inspection shall occur, and that the inspection shall be limited to the records as detailed in the written request, in the event the Association asserts an exemption to disclosure, the unit owner or authorized representative requesting the record shall be advised in writing of the exemption.
v. The record inspection shall occur at the time, date, and place designated by the Association in its response to the unit owner or authorized representative and will be under the supervision of a person or person designated by the association to monitor and assist in the record inspection. The records inspection session shall no extend beyond the posted office hours of the Association. The Secretary or other person designated by the Association may institute any supervision or reasonable security measures with regard to the record inspection.
vi. During the record inspection, no mark whatsoever shall be made on any record, nor shall any pages affixed together by staple, paperclip, or other means be disassembled, nor shall the records being inspected be altered from the sequence in which they are presented for the inspection. Further, no record inspection shall occur under circumstances which cause the record to leave the control of the association, nor shall any record be removed from the location of the inspection for any reason whatsoever.
vii. The right to obtain copies of records is incidental to, and a part of, the inspection of records. During the inspection of records, a unit owner or authorized representative may request the association to copy any document by placing a paper clip, post it, memo sheet, or other similar marking device on the document or documents of which copies are desired, and by advising the supervising person of the number and location of said marking devices.
viii. If during the inspection of the records, the unit owner has determined the need or desire for a copy of said record, the Association shall make or obtain those copies and provide same to the unit owner within five (5) working days from the date of the record inspection and subject to the Association receiving prior payment therefor.
ix. The Association is not required to make and/or mail deliver record copies to the unit owner or an authorized representative upon demand, but rather the unit owner or authorized representative can request copies, as detailed herein, during the inspection.
x. A Unit Owner shall pay to the Association, in advance, the sum of 25 cents per page for copies of records, said payment to be either cash, business or personal check, whichever the association specifies. The Association shall, as its option prepare record copies on single-sided sheets or duplexed. A duplexed copy shall be, for the purposes of the 25 cents per page charge, two copies. The Association shall not, however, be required to copy two separate documents on a single page for the purposes of minimizing the per page copy cost.
xi. Lists of Unit Owners containing their addresses and/or phone numbers shall not be released by the unit owner or the authorized representative to anyone not a unit owner in this Association.
c. Manner of Inspection
i. No written request for inspection or copying shall be made in order to harass any unit owner, resident, association agent, officer, director, or employee. Inspection and copying requests not in conformance with these rules will be deemed to be harassment.
ii. All persons inspecting or requesting copies of records shall conduct themselves in a businesslike manner and shall not interfere with the operation of the association office or place where the records are otherwise inspected or copied.
d. Enforcement and Inspection of Copying Rules
i. Any violation of these rules shall cause the immediate suspension of the inspection or copying until such time as the violator agrees in writing to comply herewith.
ii. Any written requests for inspection or copying not complying with these rules will be denied. The Association shall indicate in writing the nature of the noncompliance and transmit same to the requesting party within five working days subsequent to receipt of the written request.
iii. Verbal requests for inspections will neither be honored nor acknowledged. iv. A request for record inspection and/or copies will be denied if the unit owner has, within two years preceding his demand, given, sold, or offered for sale any list of unit owners, or has aided or abetted any person in procuring any list of unit owners for any such purpose.
v. A request for record inspection and/or copies will be denied if the unit owner has within two years preceding this demand, improperly used any information secured through any prior examination of the records of this Association. Improper use shall include the providing to anyone not an Association member a list of unit owners which is subsequently used for non-association or commercial purposes, or the selling or distribution of any information or records inspected, except to the extent that such use is for a proper purpose as defined in section 607.1602(3) or 6171602(4), Florida Statutes, as applicable.
vi. The Board of Directors of the Association reserves the right to amend these rules from time to time as deemed necessary.
vii. The Association may take any available legal action to enforce these rules.